Hon'ble Court dismissed the writ petition filed by a third party seeking to espouse the cause of students. The court held that the petitioners were not inclined to entertain the petition as the affected students could approach the court directly for redressal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(66)-WP-4980-18.doc .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4980 OF 2018
Vikrant Karnik ..Petitioner Versus Shri. Devendra Phadanvis and others ..Respondents
Mr. Sagar A. Joshi, Advocate for the Petitioner. Ms. Shruti D. Vyas, 'B' Panel Advocate for the Respondents - State.
CORAM : B. R. GAVAI & M. S. KARNIK, JJ. DATE : 20th AUGUST, 2018
P.C.
1] The Petitioner has approached this Court with a grievance that the Respondent Nos.1 to 4 have illegally and intentionally permitted the Maharashtra Knowledge Corporation Ltd. (MKCL) to continue its illegal activities.
2] To a specific query, as to what is the locus of the present Petitioner, the learned counsel for the Petitioner states that the Petition is filed to espouse the cause of number of students.
3] No doubt that the law of locus has been watered down
by the Apex Court and strict locus-standi is not required for
BGP. 1 o f 2
(66)-WP-4980-18.doc .
entertaining a Petition. However, only when the persons on account of various disadvantages are not able to approach directly, the Petition at the instance of third party would be tenable.
4] It is not as if that the students, whose cause the Petitioner seeks to espouse are not in a position to approach this Court for redressal of their grievance. In that view of the matter, we are not inclined to entertain the present Petition at the behest of the
Balaji Govindrao Panchal
present Petitioner. The Petition is therefore rejected.
Digitally signed by Balaji Govindrao Panchal Date: 2018.08.23 14:52:52 +0530
[M. S. KARNIK, J.]
[B. R. GAVAI, J.]
BGP. 2 o f 2
1 issue framed by the court
Whether the court should entertain a public interest litigation filed by a third party to espouse the cause of students struggling to approach the court directly.
Vikrant Karnik
Shri. Devendra Phadanvis and others
B. R. GAVAI
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
